‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’
Legal Futures, 6th October 2021
Source: www.legalfutures.co.uk
‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’
Nearly Legal, 12th September 2021
Source: nearlylegal.co.uk
‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’
Practical Law: Construction Blog, 7th September 2021
‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’
Local Government Lawyer, 11th September 2021
Source: www.localgovernmentlawyer.co.uk
‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’
Nearly Legal, 25th August 2021
Source: nearlylegal.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’
Legal Futures, 30th July 2021
Source: www.legalfutures.co.uk
‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’
Radcliffe Chambers, 21st July 2021
Source: radcliffechambers.com
‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’
Nearly Legal, 8th July 2021
Source: nearlylegal.co.uk
‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’
Law Society's Gazette, 12th July 2021
Source: www.lawgazette.co.uk
‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’
Legal Futures, 9th July 2021
Source: www.legalfutures.co.uk
‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’
Local Government Lawyer, 5th July 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’
Legal Futures, 29th June 2021
Source: www.legalfutures.co.uk
‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’
Law Society's Gazette, 24th June 2021
Source: www.lawgazette.co.uk
‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’
4-5 Gray's Inn Square, 21st June 2021
Source: www.4-5.co.uk
‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’
Henderson Chambers, 4th June 2021
Source: www.hendersonchambers.co.uk
‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’
Litigation Futures, 21st June 2021
Source: www.litigationfutures.com
‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’
St Philips Barristers, 4th June 2021
Source: st-philips.com
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